Democrats weigh Keystone vote options

A vote on the Keystone XL pipeline as soon as next week is under discussion by top Senate Democrats, according to sources familiar with the process.

Senate Majority Leader Harry Reid (D-Nev.) and his team are weighing the political implications of holding a vote on approval of the controversial pipeline as part of an energy efficiency bill written by Sens. Jeanne Shaheen (D-N.H.) and Rob Portman (R-Ohio). A vote on Keystone would offer a strong boost to red-state Democrats in tough races this fall, allowing them to defy the White House in support of a project viewed favorably back home.

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The Senate hopes to consider the Shaheen-Portman bill as soon as next week, though leaders have yet to coalesce around a strategy of how to deal with the Keystone piece. The Keystone issue is particularly urgent given the highly politicized nature of the proposed pipeline and because Shaheen-Portman could be the last energy bill the Senate considers before the November elections, other than a broad tax extenders bill that includes several energy provisions.

“We’re looking at a full range of options,” said one senior Democratic aide. The aide added: “Under any scenario it would be done as a path to passage [for Shaheen-Portman] not just for kicks.”

One option would be to strike a deal with Republicans to allow the Shaheen-Portman legislation to proceed without votes on controversial amendments and instead hold a separate vote on approval of the Keystone XL pipeline. Democrats could choose to make that vote a “Sense of the Senate” resolution, though this path lacks the teeth that Republicans and red state Democrats desire. The Senate already voted to approve Keystone during vote on the budget last year, which was also nonbinding.

A binding vote to approve construction of the Keystone XL Pipeline would be even trickier. The Obama administration has punted a decision on the northern leg of the pipeline for the time being, which means Democrats would be moving to supplant the president if they hold a vote on Keystone. To preserve some authority, the White House would seek to keep support for the bill under the 67 votes that can override a presidential veto. Keystone would need 60 votes to pass the Senate; the nonbinding vote last year drew the support of 62 senators.

Keystone XL could also get a vote as an amendment to the Shaheen-Portman bill — though that would complicate passage of a comparatively non-controversial piece of legislation. Liberal senators’ views of Shaheen-Portman would dim if it included approval of the high-profile fuel pipeline, though the Republican House might be enticed to pick up the efficiency bill if it included Keystone.

No matter which path they choose, top Senate Democrats walk a fine line on an issue that could have vast ramifications on the election prospects of its vulnerable incumbents. Shaheen is set to benefit politically if her bill passes the Senate — and it will have enough votes to do so with or without a vote on Keystone. Both Shaheen and Portman are looking to keep controversial issues away from the bill, given that a push from Louisiana Republican David Vitter on an Obamacare amendment derailed the energy efficiency bill last year and they are getting a rare second chance on the floor this spring.

But there will be enormous pressure on Reid to have a vote on Keystone from red state Democrats that are up for reelection this year, including Sens. Mark Pryor of Arkansas, Mark Begich of Alaska, Kay Hagan of North Carolina and in particular Mary Landrieu of Louisiana, the recently installed chairwoman of the Senate Energy Committee. And a non-binding resolution might not cut it for Landrieu and company, who frequently take President Barack Obama to task for delay on Keystone.

An aide to Landrieu said that she will push for a binding vote to approve Keystone in the near future.

But Keystone wouldn’t necessarily benefit everyone up for reelection this year. It could be a troublesome roll call for Sen. Mark Udall (D-Colo.) given that he voted against the pipeline in the 2013 budget and opponent Rep. Cory Gardner is a strong Keystone supporter.